Judge: Mississippi 6-week abortion ban ‘smacks of defiance’

The new law would prohibit most abortions once a fetal heartbeat can be detected

A federal judge who struck down Mississippi’s 15-week abortion ban last year said during a court hearing Tuesday that the state’s legislators defied his ruling by passing a new law that sets the ban even earlier.

The new law — which is not yet in effect — would prohibit most abortions once a fetal heartbeat can be detected, at about six weeks, when many women may not know they’re pregnant.

Mississippi is one of several states enacting abortion restrictions this year in hopes that the U.S. Supreme Court, with new conservative justices, will reevaluate and maybe overturn its 1973 Roe v. Wade decision that legalized abortion nationwide.

U.S. District Judge Carlton Reeves said Mississippi legislators passed the six-week law this year knowing he had declared the 15-week ban unconstitutional because it prohibited access to abortion before viability, which is generally considered to be about 23 or 24 weeks.

“It sure smacks of defiance to this court,” Reeves said.

READ MORE: Mississippi considers strict abortion ban

Republican Gov. Phil Bryant signed the new law in March, and the state’s only abortion clinic, Jackson Women’s Health Organization, quickly sued the state.

Reeves heard arguments Tuesday on the clinic’s request that he block the law from taking effect July 1. He said he would decide soon, but did not indicate when he would issue a ruling.

“Doesn’t it boil down to: Six is less than 15?” Reeves asked.

Governors in Kentucky, Ohio and Georgia have signed bans on abortion once a fetal heartbeat is detected. Alabama’s governor signed a measure making abortion a felony in nearly all cases.

The Mississippi law says physicians who perform abortions after a fetal heartbeat is detected could face revocation of their state medical licenses. It also says abortions could be allowed after a fetal heartbeat is found if a pregnancy endangers a woman’s life or one of her major bodily functions. Senators rejected an amendment that would have allowed exceptions for pregnancies caused by rape or incest.

Hillary Schneller, an attorney for the Center for Reproductive Rights, said the Mississippi law is “clearly unconstitutional” because it bans abortion before viability.

If the law were to take effect, “Women will be forced to leave the state to obtain legal abortions … or will be forced to remain pregnant against their will,” Schneller said.

READ MORE: Trudeau says U.S. state abortion bans are ‘backsliding on women’s rights’

Mississippi Special Assistant Attorney General Paul Barnes said the new law is not an outright ban on abortion but a limitation on when the procedure can be done.

“When a fetal heartbeat is detected, our position is it is constitutional” to prohibit abortion, Barnes said. He also said the state respectfully disagrees with Reeves’ ruling on the 15-week ban.

If Reeves temporarily blocks the new Mississippi law, he would hear arguments later on the larger question of constitutionality.

Reeves asked Barnes whether a 10- or 11-year-old girl who is impregnated by rape would have to carry the pregnancy to full term if she waited too long to tell anyone what had happened to her. Barnes said he did not know whether a family court judge would allow the child to have an abortion after the fetal heartbeat is found. Barnes said the man who impregnated the girl could be charged with capital rape.

Reeves said legislators were aware the law did not allow exceptions for rape or incest. Barnes said he did not know if they knew, and Reeves responded: “Well, they speak through their statute.”

____

Emily Wagster Pettus, The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

RDCK asks province for more powers to regulate private land logging

‘If the province won’t step up, we will have to’

First Nations included in latest Columbia River Treaty talks

Seventh round of negotiations between Canada and U.S. wrap up in Washington D.C.

Close to 1000 people expected to hear international evangelist Angus Buchan this weekend

The Mighty Men’s Conference is taking place in Castlegar June 28-30.

Pass Creek farmers encouraged to plan ahead to save animals

Firesmart info session planned for Monday, June 24 at Pass Creek Community Hall

RDCK chair: No comment on Castlegar Mayor’s FCM trip

The Federation of Canadian Municipalities conference costs about $3,600 per delegate

VIDEO: Killer whale steals fisherman’s catch off North Coast

Fishing duel results in eager orca snagging salmon in Prince Rupert

Fate of accused in Canadian couple’s 1987 killings in jury’s hands

William Talbott’s lawyer says DNA doesn’t prove murder

Child killed after being hit in driveway on Vancouver Island

The driver of the vehicle remained at the crash scene and is fully cooperating

Eating sandwiches, putting on makeup behind the wheel could land you a fine

RCMP say if you cause an accident while eating you could be penalized

Cat badly hurt in animal trap was likely stuck for days, B.C. owner says

Blu, a three-year-old house cat, suffered severe damage to his hind leg after being stuck in trap for days

40 cats surrendered in apparent hoarding at B.C. home

Officers found the cats living among piles of garbage and feces, suffering from fleas

Vancouver Aquarium drops cetacean ban lawsuit in new lease agreement

Ocean Wise CEO Lasse Gustavsson called the updated lease an exciting new chapter for the aquarium

Thieves steal two $40K chairs featuring gold serpents from B.C. furniture store

Chairs believed to be the only two of its kind in Canada, police said

Rising gas prices force B.C. residents to rethink summer road trips: poll

63 per cent of respondents reported gas prices are impacting their day-to-day finances

Most Read